Common use of Unknown Claims Clause in Contracts

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release ▇▇▇▇▇▇▇▇-▇▇▇▇▇ and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns s shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representative or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties Releasees of any of the foregoing or the Released Claims or might affect his, her her, or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representative and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORReleased Claims. Upon the Effective Date, the Settlement Class Representative and Participating Settlement Class Members, and each of the Releasing Parties their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia Columbia, or any territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent related to Section 1542 the release of the California Civil CodeUnknown Claims. The Settlement Class Representatives, the Representative and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. Settlement Class Representative, Participating Settlement Class Members and Class Counsel acknowledge, and each Settlement Class Member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims. The Released Claims include In agreeing to the release foregoing Releases, Plaintiff, for herself and on behalf of Unknown Claims. “Unknown Claims” means Settlement Class Members, explicitly acknowledges that unknown losses or claims could possibly exist and that could any present losses may have been raised underestimated in the Action and that Plaintiffs, amount or severity. Plaintiff or any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Member may hereafter discover facts in addition to other than or different from those that they now know he/she knows or believe believes to be true with respect to the subject matter of the ReleaseReleased Claims or the law applicable to such claims may change. Nonetheless, but Plaintiff and each Settlement Class Member expressly agrees that it he/she/they shall have irrevocably waived and fully, finally, and forever settled and released any known or unknown, suspected or unsuspected, asserted or unasserted, liquidated or unliquidated, contingent or non-contingent claims with respect to all Released Claims. Further, Plaintiff and each Settlement Class Member agrees and acknowledges that he/she/they shall be bound by this Agreement, including by the Releases, and that all of their claims in the Litigation asserted against Allstate shall be dismissed with prejudice and released, without regard to subsequent discovery of different or additional facts or subsequent changes in the law, and regardless of whether unknown losses or claims exist or whether present losses may have been underestimated in amount or severity, and even if they never received Settlement Relief. Plaintiff and Allstate acknowledge that the foregoing Releases were bargained for and are a material element of the Agreement. In connection with the foregoing Releases, Plaintiff and each Settlement Class Member shall be deemed, as of the entry of the Final Approval Order, to have waived any and all provisions, rights, and benefits conferred by Section 1542 of the California Civil Code, and any statute, rule and legal doctrine similar, comparable, or equivalent to California Civil Code Section 1542, which provides that: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. To the extent that anyone might argue that these principles of law are applicable, Plaintiff hereby agrees, and each Settlement Class Member is their intention deemed to finally agree, that the provisions of all such principles of law or similar federal or state laws, rights, rules, or legal principles, to the extent they may be found to be applicable herein, are hereby knowingly and voluntarily waived, relinquished, and released. Plaintiff recognizes, and each Settlement Class Member is deemed to recognize, that, even if they may later discover facts in addition to or different from those which they now know or believe to be true, they nevertheless agree that, upon entry of the Final Approval Order, they fully, finally, and forever settle and release any and all Released Claims covered by these Releases. This Agreement and the Released ClaimsReleases herein do not affect the rights of individuals who submit a Request for Exclusion from the Class in accordance with the requirements in Section 11 of this Agreement. The administration and consummation of the Settlement as embodied in this Agreement shall be under the authority of the Court. The Court shall retain jurisdiction to protect, including preserve, and implement the Agreement, including, but not limited to, enforcement of the Releases contained in the Agreement, and to any Unknown Claims they enter such further orders as may have, as that term is defined be necessary or appropriate in this Paragraphadministering and implementing the terms and provisions of the Agreement and Final Approval Order.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffsand the Settling Defendant’s Claims against Releasing Parties which Released Parties do not know or suspect to exist in his, her, or its favor as of the Effective Date, which if known by the Releasing Parties or Released Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims and Settling Defendant’s Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties and Released Parties shall have expressly waived, and any Releasing Party each OTC Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they and Released Parties may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims and Settling Defendant’s Claims. Nevertheless, but that it is their intention to finally Class Plaintiffs and the Released Parties shall expressly, fully, finally, and forever settle and release release, and each OTC Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims and Settling Defendant’s Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Class Plaintiffs and the Released Parties acknowledge, and OTC Class Members shall be deemed to have acknowledged, that the inclusion of “Unknown Claims, including but not limited to any Unknown ” in the definition of Released Claims they may have, as that term is defined in this Paragraphand Settling Defendant’s Claims was separately bargained for and was a key element of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The release given pursuant to Section 2 hereof extends to “unknown” claims within the definition of Released Claims Claims, which unknown claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Universal American Releasors do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect hishave affected the decision to enter into the release. The Universal American Releasors irrevocably waive any and all provisions, her rights and benefits conferred by any law of the United States or its agreement to release any state or territory of the Released Parties United States, or principle of common law, or the Released Claims law of any jurisdiction outside the United States, which governs or might affect his, her or its decision to agree, object or not to object to the Settlementlimits a person’s release of unknown claims. Upon the Effective Date, Plaintiffs, the Settlement Class, The Universal American Releasors expressly waive and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquishedrelinquish, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section § 1542 of the California Civil CodeCode (and any other similar law or provision with respect to Released Claims), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived The Universal American Releasors waive any and all provisions, rights and benefits conferred by any law of the United States, any state, the District law of Columbia any state or territory of the United States, by federal law, or and any principle of common law, or and the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing Parties The Universal American Releasors acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Releasetheir release, but that it is their intention intention, as set forth above, to among other things fully, finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may haveunknown claims, as that term is defined herein, and the subsequent discovery or existence of any such facts shall not in any way affect the effectiveness of this ParagraphAgreement or the release given by the Universal American Releasors.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims (i) any CAS Released Claims that could have been raised in accrued at the Action time of the signing of this Agreement and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do CAS Releasor does not know or suspect to existexist in its favor at the time of the release of such claims; and (ii) any Aviragen Released Claims that have accrued at the time of the signing of this Agreement and that any Aviragen Releasor does not know or suspect to exist in its favor at the time of the release of such claims, which, which if known by him, her or itthe releasing party, might affect his, her or have affected its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object decision(s) with respect to the Settlement. Upon the Effective Date, PlaintiffsWith respect to any and all CAS Released Claims and Aviragen Released Claims (collectively, the Settlement Class“Released Claims”), each of the parties acknowledges and agrees that it waives, relinquishes, surrenders, releases, and otherwise gives up any Releasing Party shall be deemed to haverights conferred by any law of any state or territory of the United States, and shall have, expressly waived and relinquished, to the fullest extent permitted by or principle of common law or foreign law, the provisionswhich is similar, rightscomparable, and benefits of or equivalent to Section 1542 of the California Civil Code, which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each Each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge parties acknowledges that they it may discover facts in addition to or different from those that they now know known or believe believed to be true with respect to the subject matter of the ReleaseReleased Claims, but that it is their the intention of each party to finally completely, fully, finally, and forever settle extinguish any and release the all Released Claims, including but not limited known or unknown, suspected or unsuspected, which now exist, or heretofore existed, or may hereafter exist, and without regard to any the subsequent discovery of additional or different facts. Each party acknowledges that the release of Unknown Claims they may have, as that term is defined was separately bargained for and was a material element of this Agreement and was relied on by the parties in this Paragraphentering into the Agreement.

Unknown Claims. The release given pursuant to Section 4 hereof extends to “unknown” claims within the definition of Equity Investors Released Claims Claims, which unknown claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Equity Investors Releasors do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect hishave affected the decision to enter into the release. The Equity Investors Releasors irrevocably waive any and all provisions, her rights and benefits conferred by any law of the United States or its agreement to release any state or territory of the Released Parties United States, or principle of common law, or the Released Claims law of any jurisdiction outside the United States, which governs or might affect his, her or its decision to agree, object or not to object to the Settlementlimits a person’s release of unknown claims. Upon the Effective Date, Plaintiffs, the Settlement Class, The Equity Investors Releasors expressly waive and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquishedrelinquish, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section § 1542 of the California Civil CodeCode (and any other similar law or provision with respect to Equity Investors Released Claims), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived The Equity Investors Releasors waive any and all provisions, rights and benefits conferred by any law of the United States, any state, the District law of Columbia any state or territory of the United States, by federal law, or and any principle of common law, or and the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing Parties The Equity Investors Releasors acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Releasetheir release, but that it is their intention intention, as set forth above, to among other things fully, finally and forever settle and release the Equity Investors Released Claims, including but not limited to any Unknown Claims they may haveunknown claims, as that term is defined herein, and the subsequent discovery or existence of any such facts shall not in any way affect the effectiveness of this ParagraphAgreement or the release given by the Equity Investors Releasors.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsSettlement Class Representatives, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, PlaintiffsSettlement Class Representatives, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES SETTLEMENT CLASS REPRESENTATIVES DO NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER THEM MUST HAVE MATERIALLY AFFECTED HIS OR HER THEIR SETTLEMENT WITH THE DEBTORDEFENDANT. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffswhich if known by the Releasing Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties shall have expressly waived, and any Releasing Party each Lender Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, DEBTOR OR RELEASED PARTY and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims. Nevertheless, but that it is their intention to finally Lender Plaintiffs shall expressly, fully, finally, and forever settle and release release, and each Lender Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims, including but whether or not limited concealed or hidden, without regard to any Unknown the subsequent discovery or existence of such different or additional facts. Lender Plaintiffs acknowledge, and Lender Class Members shall be deemed to have acknowledged, that the inclusion of “unknown” claims in the definition of Released Claims they may have, as that term is defined in this Paragraphwas separately bargained for and was a key element of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims Claims, as defined in Paragraph 33, include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims any and all Released Claims that could have been raised in the Action and that Plaintiffs, any member of the Participating Settlement Class or any Releasing Party, do Member does not know or suspect to exist, exist in his or her favor as of the Effective Date and which, if known by him, her him or ither, might affect his, have affected his or her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object decision(s) with respect to the Settlement. Upon With respect to any and all Released Claims, the Parties stipulate and agree that upon the Effective Date, Plaintiffs, the all Participating Settlement Class, Class Members shall have waived any and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the all provisions, rights, and benefits conferred by any law of Section 1542 any state or territory of the California Civil CodeUnited States, the District of Columbia, or principle of common law or otherwise, which is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Settlement Class Representatives and Class Counsel acknowledge, and each Participating Settlement Class Member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Parties do not know or suspect to existexist in their favor at the time of their granting a release, which, which if known by him, her or it, them might affect his, her or its agreement have affected their settlement of the Action. With respect to release the Released Parties or the any and all Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffsagainst any and all Released Parties, the Settlement Class, Parties stipulate and any agree that each Releasing Party shall be deemed to have, and shall have, have expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Cal. Civ. Code § 1542 or any federal, state or foreign law, rule, regulation or common-law doctrine that is similar, comparable, equivalent or identical to, or that has the effect in whole or part of, Section 1542 of the California Civil Code, which provides as followsprovides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each DEBTOR OR RELEASED PARTY.” Each of the Releasing Parties shall be deemed to havehave acknowledged, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory operation of the United StatesFinal Judgment acknowledges, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which that he/she/it is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge aware that they he/she/it may hereafter discover facts in addition to other than or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited it is his/her/its intention to, and each of them shall be deemed upon the Effective Date to any Unknown Claims they may have, as that term is defined in this Paragraphwaived and fully, finally, and forever settled and released any and all Released Claims, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or non-contingent, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. 2. SETTLEMENT CONSIDERATION (BENEFITS AND RELEASE OF CLAIMS)

Unknown Claims. The Seller and each of the Specified Brostmeyer Parties expressly acknowledges and agrees that: (a) he, she, or it has been advised and understands that the Released Claims may include Claims arising or existing prior to the Effective Date that he, she, or it does not currently know about (“Unknown Claims”); (b) he, she, or it knowingly and voluntarily intends to grant the release of such Unknown ClaimsClaims as Released Claims even though it recognizes that someday it might regret having done so; and (c) he, she, or it desires to assume the risk of releasing the Unknown Claims as Released Claims and acknowledges and agrees that the release set forth in this Section 2 shall remain effective in all respects in any such case. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member With full understanding of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect potential consequences of his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquishedactions, to the fullest full extent permitted by law, the provisions, rightsSeller and each of the Specified Brostmeyer Parties expressly waives all rights it might have under any law that is intended to protect parties from waiving Claims such as the Unknown Claims. It is the intention of the parties hereto that this Agreement shall constitute a full and final accord and satisfaction, and benefits a bar to entry of judgment in any and all legal actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, Claims, liabilities, and demands of whatever nature, character or kind known or unknown, suspected or unsuspected, among the parties hereto, arising out of, directly or indirectly, or in connection with the Released Claims. For the avoidance of doubt, all parties that are releasing the Released Claims under this Agreement acknowledge and agree that the releases contained in this Section 2 extend to Unknown Claims. The parties hereto acknowledge that they are familiar with and understand and expressly waive Section 1542 of the Civil Code of the State of California Civil Codeand all similar federal, state, or foreign laws, rights, rules, or legal principles, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon Notwithstanding the foregoing, nothing in the release given by the Seller and the Specified Brostmeyer Parties pursuant to this Section 2 shall release any Claim the Seller or any of the Specified Brostmeyer Parties may have (i) for the applicable Released Party’s commission of any act of fraud or intentional misrepresentation, (ii) for any breach by such Released Party of this Agreement or (iii) that arise directly out of actions or omissions by any Released Party occurring after the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffsand the Settling Defendant’s Claims against Releasing Parties which Released Parties do not know or suspect to exist in his, her, or its favor as of the Effective Date, which if known by the Releasing Parties or Released Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims and Settling Defendant’s Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties and Released Parties shall have expressly waived, and any Releasing Party each Lender Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, DEBTOR and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they and Released Parties may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims and Settling Defendant’s Claims. Nevertheless, but that it is their intention to finally Lender Plaintiffs and the Released Parties shall expressly, fully, finally, and forever settle and release release, and each Lender Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims and Settling Defendant’s Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Lender Plaintiffs and the Released ClaimsParties acknowledge, including but not limited and Lender Class Members shall be deemed to any have acknowledged, that the inclusion of Unknown Claims they may have, as that term is defined in this Paragraphthe definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffss, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES PLAINTIFFS DO NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER THEM MUST HAVE MATERIALLY AFFECTED HIS OR HER THEIR SETTLEMENT WITH THE DEBTORDEFENDANT. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any claims Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Parties shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH RELEASE AND THAT IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties Party shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims or relation of the Released Parties thereto, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphparagraph. The Parties acknowledge, and the Releasing Parties shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The term "Released Claims include Claims," as used in this Agreement, expressly covers all claims or possible claims by the parties, and confirms that Informix and Employee expressly waive and release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffspromise never to assert any such claims, any member of the Settlement Class or any Releasing Party, even if Informix and Employee do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release believe that they have such claims. Informix and Employee therefore waive the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section rights described in section 1542 of the Civil Code of California, and elect to assume all risks for claims that now exist in either Informix's or Employee's favor, whether known or unknown. Informix and Employee hereby waive any and all rights under section 1542 of the Civil Code of California Civil Code, and any analogous or similar provision applicable under state or local statutes which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwhich the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Upon Thus, notwithstanding the Effective Dateprovisions of section 1542, each and for the purpose of implementing a full and complete release and discharge of the Releasing Parties shall be deemed Employee Releasees and Informix Releasees, the parties expressly acknowledge that this Agreement is intended to haveinclude in its effect, without limitation, all Claims which he or it does not know of or suspect to exist in his or its favor at the time of signing this Agreement, and shall have, waived any and all provisions, rights and benefits conferred by any law that this Agreement contemplates the release of any statesuch Claim or Claims. FIFTH: CONFIDENTIALITY. Employee will not, unless required by law, disclose to others any information regarding the terms of this Agreement, the District of Columbia or territory of the United States, by federal law, or principle of common law, money and/or benefits being paid under it or the law fact of any jurisdiction outside its payment, except that Employee may disclose this information to Employee's immediate family, attorneys, accountants or other professional advisors to whom Employee must make the disclosure in order for them to render professional services to Employee. Employee will instruct them and they must agree, however, to maintain the confidentiality of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Codethis information just as Employee must. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined Nothing in this Paragraphparagraph shall prohibit any party or his/its counsel from disclosing the fact, amount or terms of this Agreement to a court, arbitrator, administrative agency or other tribunal of appropriate jurisdiction for the purpose of effectuating the provisions of this Agreement or as otherwise required by law.

Unknown Claims. The Each Party, on behalf of itself and its Affiliates, expressly acknowledges and agrees that this Settlement Agreement fully and finally releases and resolves all Released Claims include Claims, including those that are unknown, unanticipated or unsuspected or that may hereafter arise as a result of the discovery of new and/or additional facts. Each Party, on behalf of itself and its Affiliates, acknowledges and understands the significance and potential consequences of its release of Unknown Claimsunknown claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Each Party, do not know or suspect to existon behalf of itself and its Affiliates, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or intends that the Released Claims or might affect hisbe construed as broadly as possible, her or its decision to agree, object or not to object to within the Settlement. Upon scope of the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to havereleases defined under Section 2(b), and shall have, expressly waived waive and relinquished, to the fullest extent permitted by law, the provisions, rights, relinquish all rights and benefits of it may have under Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 of the Civil Code of the State of California Civil Code, which provides reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 10 3. Upon Licenses (a) License from Conformis to ▇▇▇▇▇ & Nephew. Subject to the Effective Date, each terms and conditions of this Settlement Agreement (and Conformis’s receipt of the Releasing Parties shall be deemed payment by ▇▇▇▇▇ & Nephew of the upfront payment as set forth in Section 10(b)), Conformis, on behalf of itself and its Affiliates, hereby grants ▇▇▇▇▇ & Nephew and its Affiliates a non- exclusive, non-transferable (except as provided in Section 15), worldwide, perpetual, irrevocable, royalty-bearing (as provided in Section 10(c)) license, without the right to havesublicense (except as provided in Section 4(a)), and shall have, waived under the Conformis Licensed Patents to Exploit any and all provisions▇▇▇▇▇ & Nephew Licensed Products and to practice and have practiced any method and/or process in connection with the manufacture and use thereof (the “▇▇▇▇▇ & Nephew License”). (b) License from ▇▇▇▇▇ & Nephew to Conformis. Subject to the terms and conditions of this Settlement Agreement, rights ▇▇▇▇▇ & Nephew, on behalf of itself and benefits conferred by its Affiliates, hereby grants Conformis and its Affiliates a non-exclusive, non-transferable (except as provided in Section 15), worldwide, fully paid-up, royalty-free, perpetual, irrevocable license, without the right to sublicense (except as provided in Section 4(b)), under (i) the ▇▇▇▇▇ & Nephew Licensed Asserted Patents to Exploit any law and all Conformis Licensed Products and to practice and have practiced any method and/or process in connection with the manufacture and use thereof and (ii) the ▇▇▇▇▇ & Nephew Licensed Kinamed Patents to Exploit any and all Conformis Licensed Products and to practice and have practiced any method and/or process in connection with the manufacture and use thereof, in the case of this clause (ii), in the Field of Use (the “Conformis License”). 4. Sublicensing (a) ▇▇▇▇▇ & Nephew Sublicensing. The ▇▇▇▇▇ & Nephew License shall include the right of ▇▇▇▇▇ & Nephew and its Affiliates to grant sublicenses to any (i) third party manufacturer or contractor to have all or part of any state, ▇▇▇▇▇ & Nephew Licensed Products made by such third party manufacturer or contractor anywhere in the District of Columbia or territory world for any Exploitation by ▇▇▇▇▇ & Nephew and its Affiliates within the scope of the United States▇▇▇▇▇ & Nephew License and (ii) third party reseller or distributor to have such third party reseller or distributor resell or distribute, by federal lawas applicable, or principle of common law, or within the law of any jurisdiction outside scope of the United States▇▇▇▇▇ & Nephew License, which is similar, comparable any ▇▇▇▇▇ & Nephew Licensed Products first sold by ▇▇▇▇▇ & Nephew or equivalent to Section 1542 any of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphits Affiliates.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means With respect to any and all claims and liabilities released pursuant to Sections 2.2 and 2.3, each Seller Company and each Acquired Company hereby stipulates and agrees that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party it shall be deemed to have, and shall have, have expressly waived any and relinquishedall provisions, rights and benefits conferred by any Applicable Law of any country, state or territory, or principle of common law related to the fullest extent permitted by lawrelease of claims, the provisions, rights, and benefits of Section 1542 of the California Civil Codeincluding Cal. Civ. Code § 1542, which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed With respect to have, and shall have, waived any and all provisionsClaims, each Seller Company and each Acquired Company hereby waives any and all rights and benefits conferred by it has under any state or federal statute or common law principle of any statesimilar effect, that provides that the District of Columbia foregoing release does not extend to Claims that it does not now or territory suspect to exist in its favor at the time of the United States, by federal law, Closing. Each Seller Company and each Acquired acknowledges that the inclusion of such unknown Claims in this Release was separately bargained for and was a key element of this Release. Each Seller Company and each Acquired Company acknowledges that it or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they its Representatives may hereafter discover facts which are different from or in addition to or different from those that they it or its Representatives may now know or believe to be true with respect to the subject matter of the Release, but any and all Claims herein released and agrees that it is their intention to finally and forever settle and release the Released all such unknown Claims, including but not limited to any Unknown Claims they may havefuture claims, as are nonetheless released and that term is defined this Release shall be and remain effective in this Paragraphall respects even if such different or additional facts are subsequently discovered.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means With respect to any and all released claims that could have been raised in the Action and that Plaintiffsunder this Agreement, any member of the Settlement Class each Party under this Agreement shall expressly waive or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly have waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode §1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateEach Party expressly waives, each of the Releasing Parties and shall be deemed to have, and shall have, have waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing The Parties acknowledge that they may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter of the ReleaseAgreement, but that it is their intention each Party shall expressly have and shall be deemed to have fully, finally and forever settle settled and release released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the Released Claimsfuture, including but not limited conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to any Unknown Claims they may have, as the subsequent discovery or existence of such different or additional facts. Each Party acknowledges and shall be deemed to have acknowledged that term is defined in this Paragraphthe foregoing waiver was separately bargained for and a key element of the settlement of which the releases contained herein are a part.

Unknown Claims. Shure and ▇▇▇▇▇▇▇▇ expressly acknowledge and agree that this Agreement resolves all of the Litigations, as well as all actual or potential claims among the Parties, the Shure Patent Releasees, and the ClearOne Patent Releasees that are unknown, unanticipated, or unsuspected. The Released Claims include Parties acknowledge and understand the significance and potential consequences of this release of Unknown Claimsunknown claims. “Unknown Claims” means claims In this connection, the Parties acknowledge that could they may have sustained damages, losses, costs, or expenses that are presently unknown and unsuspected and that such damages, losses, costs, or expenses that may have been raised sustained may give rise to additional damages, losses, costs, or expenses in the Action future. The Parties further acknowledge that they have negotiated this Agreement taking into account presently unsuspected and that Plaintiffsunknown claims, any member counterclaims, causes of the Settlement Class or any Releasing Partyaction, do not know or suspect to existdamages, whichlosses, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Classcosts and expenses, and the Parties, on behalf of themselves and their Affiliates, voluntarily and with full knowledge of its significance, expressly waive and relinquish any Releasing and all rights they may have under any state, federal or other statute, rule or common law principle, in law or equity, relating to limitations on general releases. For example, with respect to any and all claims released by a Party to this Agreement, for good and valuable consideration, such Party agrees to and shall be deemed to havehave fully, finally, and shall have, forever expressly waived and relinquished, to the fullest extent permitted by law, the any and all provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, Code and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, States or principle of common law, or the law of any jurisdiction outside of the United States, which that is similar, comparable comparable, equivalent, or equivalent identical to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they which states as follows: Such Party may hereafter discover facts in addition to other than or different from those that they now know it knows or believe believes to be true with respect to the subject matter of the Releaseclaims and disputes released by this Agreement, but that it is their intention to finally each Party hereby expressly waives and fully, finally, and forever settle settles and release releases, upon the Released Claimsexecution of this Agreement, including but not limited any known or unknown, suspected or unsuspected, contingent or non-contingent claim that is released by this Agreement, without regard to any Unknown Claims they may have, as that term is defined in this Paragraphthe subsequent discovery or existence of such different or additional facts.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means With respect to any and all released claims that could have been raised in the Action and that Plaintiffsunder this Agreement, any member of the Settlement Class each Party under this Agreement shall expressly waive or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly have waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode §1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateEach Party expressly waives, each of the Releasing Parties and shall be deemed to have, and shall have, have waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of 5 common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode §1542. Class Representatives, the Settlement Class, and the Releasing The Parties acknowledge that they may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter of the ReleaseAgreement, but that it is their intention each Party shall expressly have and shall be deemed to have fully, finally and forever settle settled and release released any and all claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the Released Claimsfuture, including but not limited conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to any Unknown Claims they may have, as the subsequent discovery or existence of such different or additional facts. Each Party acknowledges and shall be deemed to have acknowledged that term is defined in this Paragraphthe foregoing waiver was separately bargained for and a key element of the settlement of which the releases contained herein are a part.

Unknown Claims. The Released Claims include (a) Plaintiff acknowledges that she: (i) is not relying upon any statements, understandings, representations, expectations, or agreements other than those expressly set forth in this Agreement and the release of Unknown ClaimsCourt’s Orders at Dkt. “Unknown Claims” means claims that could have been raised in No. 831 and 926; and (ii) has had the Action opportunity to communicate with Plaintiffs’ Counsel about the aforementioned Orders and that Plaintiffs, any member ’ Counsel’s investigation of the Settlement Class facts; and (iii) knowingly waives any claim that this Agreement was induced by any misrepresentation or nondisclosure and any Releasing Partyright to rescind or avoid this Agreement based upon presently existing facts, do not know known or suspect unknown. The Parties stipulate that Defendant, in entering into this Agreement, is relying on these representations and warranties, all of which survive the execution of this Agreement. (b) Plaintiff acknowledges that she understands that she is waiving claims under California Civil Code Section 1542 (“Section 1542”) and any and all laws of other states similar to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides waives such rights as followsquoted below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH AND THAT IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each DEBTOR OR RELEASED PARTY.” Plaintiff hereby agrees that she is aware of the Releasing Parties shall be deemed to have, foregoing Section 1542 and shall have, waived any and all provisionslaws of other states similar to it. She further knowingly, intentionally, and expressly waives and relinquishes any and all rights and benefits conferred by that she may have under Section 1542 and any law of any other state, the District of Columbia or territory of the United States, by federal lawfederal, or principle local statutes or common law principles of common lawsimilar effect. Nothing in this Agreement limits or restricts Section 3 above. In connection with her waiver and relinquishment in this Agreement, Plaintiff acknowledges and agrees that she is aware that after the date she signs this Agreement she may discover claims that are presently unknown or unsuspected, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they which she now know knows or believe believes to be true true, with respect to the subject matter matters released by this Agreement. Plaintiff hereby expressly acknowledges, agrees to, and reaffirms her intent to be bound by all the releases, waivers, and relinquishments in Sections 3 and 5 of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this ParagraphAgreement notwithstanding such possibility.

Unknown Claims. The Released Claims include Subject to Section 15, Robb▇▇▇, ▇▇ his behalf and on behalf of the Robb▇▇▇ ▇▇▇easing Parties, and Western Water, on its behalf and on behalf of the Western Water Releasing Parties, understand and hereby agree that this Agreement shall act as a release of Unknown any and all Robb▇▇▇ ▇▇▇eased Claims and Western Water Released Claims, respectively, whether known or unknown, arising, accruing or based on facts, events or circumstances in existence on or before the date hereof, whether known or unknown, that each of the Parties has, had or may ever have against each of the other Parties relating to the Robb▇▇▇ ▇▇▇eased Claims and the Western Water Released Claims. “Unknown Claims” means claims that could have been raised in the Action In this connection, each of Robb▇▇▇, ▇▇ his behalf and that Plaintiffs, any member on behalf of the Settlement Class Robb▇▇▇ ▇▇▇easing Parties, and Western Water, on its behalf and on behalf of the Western Water Releasing Parties, acknowledge that, subject to Section 15 hereof, each hereby releases the Robb▇▇▇ ▇▇▇eased Claims, and Western Water Released Claims, respectively, whether such currently are known or any Releasing Partyunknown, do foreseen or unforeseen, suspected to exist or not know or suspect suspected to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 each of the Parties acknowledges that each has read, is familiar with, understands and waives the provisions of California Civil CodeCode Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateFurthermore, each of the Releasing Parties shall be deemed to have, acknowledges that the foregoing waivers were separately bargained for and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory are a key element of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in consideration for entering into this ParagraphAgreement.

Unknown Claims. The Released Claims include In agreeing to the release foregoing Releases, Settling Plaintiff, for himself and on behalf of Unknown Claims. “Unknown Claims” means RoundPoint Settlement Class Members, explicitly acknowledges that unknown losses or claims could possibly exist and that could any present losses may have been raised underestimated in the Action and that Plaintiffs, amount or severity. Settling Plaintiff or any member of the RoundPoint Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Member may hereafter discover facts in addition to other than or different from those that they now know he/she knows or believe believes to be true with respect to the subject matter of the ReleaseReleased Claims or the law applicable to such claims may change. Nonetheless, but Settling Plaintiff and each RoundPoint Settlement Class Member expressly agrees that it he/she/they shall have irrevocably waived and fully, finally and forever settled and released any known or unknown, suspected or unsuspected, asserted or unasserted, liquidated or unliquidated, contingent or non-contingent, claims with respect to all Released Claims. Further, Settling Plaintiff and each RoundPoint Settlement Class Member agrees and acknowledges that he/she/they shall be bound by this Agreement, including by the Releases, and that all of their claims in the Litigation asserted against Defendants shall be dismissed with prejudice and released, without regard to subsequent discovery of different or additional facts or subsequent changes in the law, and regardless of whether unknown losses or claims exist or whether present losses may have been underestimated in amount or severity, and even if they never received the Mail Notice of the Settlement, did not otherwise have knowledge of the Settlement, or never received Claim Settlement Relief. The Settling Parties acknowledge that the foregoing Releases were bargained for and are a material element of the Agreement. 10.2.1. In connection with the foregoing Releases, the Settling Plaintiff and each RoundPoint Settlement Class Member shall be deemed, as of the entry of the Judgment, to have waived any and all provisions, rights, and benefits conferred by Section 1542 of the California Civil Code, and any statute, rule and legal doctrine similar, comparable, or equivalent to California Civil Code Section 1542, which provides that: To the extent that anyone might argue that these principles of law are applicable— notwithstanding that the Settling Parties have chosen Florida law to govern this Settlement Agreement—the Settling Plaintiff hereby agrees, and each RoundPoint Settlement Class Member is their intention deemed to finally agree, that the provisions of all such principles of law or similar federal or state laws, rights, rules, or legal principles, to the extent they may be found to be applicable herein, are hereby knowingly and voluntarily waived, relinquished, and released. The Settling Plaintiff recognizes, and each RoundPoint Settlement Class Member is deemed to recognize, that, even if they may later discover facts in addition to or different from those which they now know or believe to be true, they nevertheless agree that, upon entry of the Judgment, they fully, finally, and forever settle and release the any and all Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphcovered by these Releases.

Unknown Claims. The Released Claims include releases provided for in this Release Agreement extend to claims based on facts that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Parties do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect his, her or its agreement to release have affected the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to enter into the Settlementrelease (“Unknown Claims”). Upon the Effective Date, Plaintiffs, the Settlement Class, The Releasing Parties expressly waive (and any Releasing Party each WARN Class and WARN Subclass member by operation of law shall be deemed to havewaive) any and all protections, provisions, rights and shall havebenefits conferred by any law of the United States or any state or territory of the United States, expressly waived and relinquished, to the fullest extent permitted by or principle of common law, the provisionswhich governs or limits a person’s release of Unknown Claims, rightsincluding, and benefits of but not limited to, Section 1542 of the California Civil Code, which provides as follows. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, The Parties acknowledge and understand (and each WARN Class and WARN Subclass member by operation of the Releasing Parties law shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law acknowledge) the significance of these waivers of California Civil Code Section 1542 and/or of any stateother applicable law relating to limitations on releases of Unknown Claims. In connection with such waivers and relinquishment, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge (and each WARN Class and WARN Subclass member by operation of law shall be deemed to acknowledge) that they are aware that they may hereafter discover facts in addition to to, or different from from, those that facts which they now know or believe to be true with respect to the subject matter of the ReleaseRelease Agreement, but that it is their intention to they release fully, finally and forever settle and release the Released all Unknown Claims, including but not limited and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all WARN Class and WARN Subclass members by operation of law shall be deemed to any acknowledge) that the release of Unknown Claims they may have, as that term is defined in this Paragraphset forth herein was separately bargained for and was a key element of the settlement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, PlaintiffsPlaintiff, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES PLAINTIFF DO NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEFENDANT. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Unknown Claims shall mean any Released Claims include Claim, as defined herein, that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in Attorney General, the Action and that PlaintiffsTrustee, any member of or the Settlement Class or any Releasing Party, Chais Parties do not know or suspect to existexist in its, whichhis or her favor at the time of giving its, his or her release in this Settlement Agreement that if known by him, her or it, him or her, might affect hishave affected its, his or her or its agreement settlement and release in this Settlement Agreement. With respect to release the Released Parties or the any and all Released Claims or might affect hisin Sections 8, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs9 and 10 of this Settlement Agreement, the Settlement ClassAttorney General, the Trustee and any Releasing Party shall be the Chais Parties expressly waive, or are deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by lawhave waived, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode section 1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon Solely with respect to their respective Released Claims, the Effective DateAttorney General, each of the Releasing Trustee and the Chais Parties expressly waive, and shall be deemed to havehave waived, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode section 1542. Class RepresentativesThe Attorney General, the Settlement Class, Trustee and the Releasing Chais Parties acknowledge that they may hereafter discover facts in addition to or different from those that they any of them now know knows or believe believes to be true with respect to the subject matter of the ReleaseReleased Claims, but that it is their intention the Attorney General, the Trustee and the Chais Parties shall expressly have and shall be deemed to have fully, finally and forever settle settled and release the released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or noncontingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including but conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence or such different or additional facts. The Attorney General, the Trustee and the Chais Parties acknowledge and shall be deemed to have acknowledged that the foregoing waiver was separately bargained for and a key element of the settlement of which this release is a part. The Attorney General, the Trustee and the Chais Parties agree not limited to directly or indirectly assert any Unknown Claims they may haveclaim, as that term is defined in this Paragraphor commence, continue, institute or cause to be commenced any claim or proceeding, based upon any matter purported to be released hereby.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action relating to the Data Incident and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES PLAINTIFFS DO NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEFENDANT. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall Docusign Envelope ID: 86551A52-A669-430E-9ADF-F0660C53451A be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action Litigation and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns does not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release ▇▇▇▇▇ Health and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the Released Parties predecessors, successors, and assigns of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns s shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include It is the release intention of Unknown Claims. “Unknown Claims” means claims Executive and Company that could have been raised the foregoing releases shall be construed in the Action broadest sense possible and shall be effective as a prohibition to all claims, charges, actions, suits, demands, obligations, damages, injuries, liabilities, losses, and causes of action of every character, nature, kind or description, known or unknown, and suspected or unsuspected, that PlaintiffsExecutive may have against Company Releasees and Company may have against Executive Releasees, any member and their respective agents, successors, assignees and representatives. The Parties expressly acknowledge that they are aware of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits existence of Section 1542 of the California Civil Code, Code § 1542 and its meaning and effect. The Parties expressly acknowledge that they have read and understand the following provision of that section which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing The Parties shall be deemed expressly waive and releases as set forth above any right to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may have under California Civil Code § 1542 to the fullest extent the Parties may do so lawfully. The Parties further acknowledges that they may later discover facts different from or in addition to those facts now known to the Parties or different from those that they now know or believe believed by the Parties to be true with respect to the subject matter any or all of the matters covered by this Second Mutual Release, but and the Parties agree that this Second Mutual Release nevertheless shall remain in full and complete force and effect. As part of the consideration for each Party entering into this Second Mutual Release, each Party agrees to initiate the full and final dismissal, withdrawal or closure of any and all claims, grievances, charges or causes of action now pending against the applicable releasees. Each Party represents that it is their intention will not file any complaints, charges, or grievances against the applicable releasees with any city, county, state, or federal agency or court arising out of or related to finally Executive’s employment with Company. A charge alleging violation of the ADEA shall be excepted from Executive’s covenant to not file any complaints, charges or grievances against Company Releasees with any city, county, state or federal agency or court arising out of Executive’s employment with, compensation during, and forever settle separation from Company, but Executive waives any and release the Released Claims, including but not limited all right to any Unknown Claims they compensation or award of damages arising from Executive’s filing of any charge alleging violations of the ADEA. The general release above includes a waiver of rights and claims which Executive may havehave arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.) (“ADEA”). Executive is advised to consult with an attorney regarding Executive’s waiver of rights and claims under the ADEA. Executive understands that by signing this Second Mutual Release, as Executive waives Executive’s rights or claims under the ADEA. Executive further understands that term Executive is defined in this Paragraph.not waiving rights or claims under the ADEA that may arise after the Agreement Date. Executive further understands that:

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties of any of the foregoing or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Parties shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, including Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Except for the performance of all terms, conditions, duties and obligations set forth in this Agreement, and subject to Section 7.6, Opus Trust and ▇▇▇▇▇▇▇▇, on their behalf and on behalf of the Opus Trust Releasing Parties, and Basin Water and BION, on their behalf and on behalf of the Basin Releasing Parties, understand and hereby agree that this Agreement shall act as a release of any and all Opus Trust Released Claims include the release of Unknown and Basin Released Claims. “Unknown Claims” means claims that could have been raised , respectively, whether known or unknown, arising, accruing or based on facts, events or circumstances in the Action and that Plaintiffs, any member of the Settlement Class existence on or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon before the Effective Date, Plaintiffswhether known or unknown, suspected to exist or not suspected to exist, that each of the Settlement ClassParties has, had or may ever have against each of the other Parties relating to the Opus Trust Released Claims and the Basin Released Claims. In this connection, each of Opus Trust and ▇▇▇▇▇▇▇▇, on its behalf and on behalf of the Opus Trust Releasing Parties, and any Basin Water and BION, on its behalf and on behalf of the Basin Releasing Party shall be deemed to haveParties, acknowledges that, except for the performance of all terms, conditions, duties and obligations set forth in this Agreement, and shall havesubject to Section 7.6 hereof, expressly waived each hereby releases the Opus Trust Released Claims and relinquishedBasin Released Claims, respectively, whether such currently are known or unknown, foreseen or unforeseen, suspected to the fullest extent permitted by law, the provisions, rightsexist or not suspected to exist, and benefits of Section 1542 each of the Parties acknowledges that each has read, is familiar with, understands and waives the provisions of California Civil CodeCode Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateFurthermore, each of the Releasing Parties shall be deemed acknowledges that the foregoing waivers were separately bargained for and are a key element of the consideration for entering into this Agreement. To the extent that Section 1542 or any similar law or statute may otherwise apply to havethe release set forth in Section 3.7 hereof, Opus Trust and shall have, waived any ▇▇▇▇▇▇▇▇ hereby waive and relinquish as to all provisions, matters released hereunder all rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal lawthat they have, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphunder Section 1542, or under the laws of California or any other jurisdiction to the same or similar effect.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class Representatives or any Releasing PartyParticipating Settlement Class Members, do and each of their respective heirs, executors, administrators, representatives, agents, successors, and assigns does not know or suspect to exist, including those which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or of the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Settlement Class Representatives and Class Counsel acknowledge, and each Participating Settlement Class Member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement. Upon the Effective Date, Plaintiffs, the Settlement ClassClass Representatives and Participating Settlement Class Members, and any Releasing Party each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns, shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, the Settlement Class Representatives and Participating Settlement Class Members and each of the Releasing Parties their respective heirs, executors, administrators, representatives, agents, successors, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, successors, and assigns, acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release Representative Plaintiffs, for themselves and on behalf of Class Members, explicitly acknowledge that Unknown Claims. “Unknown , within the scope of Released Claims” means claims , could possibly exist and that could any present losses may have been raised underestimated in the Action and that Plaintiffs, any member of the Settlement Class amount or severity. The Representative Plaintiffs or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they Member may hereafter discover facts in addition to other than or different from those that they now know it knows or believe believes to be true with respect to the subject matter of the ReleaseReleased Claims, but or the law applicable to such claims may change. Nonetheless, the Representative Plaintiffs and each Class Member expressly agree that it is their intention to they shall have irrevocably waived and fully, finally and forever settle settled and release the released any known or unknown, suspected or unsuspected, asserted or unasserted, liquidated or unliquidated, contingent or non-contingent, claims with respect to all Released Claims, including Unknown Claims within the scope of the Released Claims. Further, the Representative Plaintiffs and Class Members agree and acknowledge that they are bound by this Agreement, including by the Releases, and that all of their claims in the Action asserted against the Defendant shall be dismissed, with prejudice, and released, without regard to subsequent discovery of different or additional facts or subsequent changes in the law, and regardless of whether unknown losses or claims exist or whether present losses may have been underestimated in amount or severity, and even if they never received actual notice of the Settlement or received a Claim Settlement Payment. The Parties acknowledge that the foregoing Releases were bargained for and are a material element of the Agreement. 9.3 Provided, however, that the Released Claims do not include: (a) claims arising after the Effective Date or outside the Class Period; (b) claims for valuation or payment of a Covered Loss under any residential homeowners, manufactured home, condo, dwelling or rental property insurance policies issued by the Defendant that are not related to the withholding of payment as Labor Depreciation; (c) Class Members’ rights and obligations under this Agreement; and (d) the rights of potential Class Members who timely and properly submit a request for exclusion from the Settlement Class in accordance with this Agreement. 9.4 The administration and consummation of the Settlement as embodied in this Agreement shall be under the authority of the Court. The Court shall retain jurisdiction to protect, preserve, and implement the Agreement, including, but not limited to, enforcement of the releases contained in the Agreement, and to any Unknown Claims they enter such further orders as may have, as that term is defined be necessary or appropriate in this Paragraphadministering and implementing the terms and provisions of the Agreement and Final Judgment.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any claims Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Parties shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH RELEASE AND THAT IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties Party shall be deemed to have, have and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia Columbia, or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims or relation of the Released Parties thereto, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphparagraph. The Parties acknowledge, and the Releasing Parties shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Unknown Claims shall mean any Restitution Fund Claimant Released Claims include Claim, as defined herein, that the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do Restitution Fund Claimant does not know or suspect to existexist in its, which, his or her favor at the time of giving the release described in Section 1 of this Release that if known by him, her or it, him or her might affect hishave affected its, his or her or its agreement release as described in this Release. With respect to release the Released Parties or the any and all Restitution Fund Claimant Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffsin Section 1 of this Release, the Settlement ClassRestitution Fund Claimant hereby waives, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by lawhave waived, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode section 1542 (to the extent it applies herein), which provides as followsprovides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon The Restitution Fund Claimant by virtue of submitting a Restitution Fund Claim and this Release to the Effective DateAttorney General hereby waives, each of the Releasing Parties and shall hereby be deemed to havehave waived, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law or foreign law, or the law of any jurisdiction outside of the United States, which that is similar, comparable or equivalent in effect to Section 1542 of the California Civil CodeCode section 1542. Class RepresentativesThe Restitution Fund Claimant hereby acknowledges, the Settlement Classin conjunction with waiving Unknown Claims, and the Releasing Parties acknowledge that they he, she or it may thereafter discover facts in addition to or different from those that they it, he or she now know knows or believe believes to be true with respect to the subject matter of the ReleaseRestitution Fund Claimant Released Claims, but that it is their intention the Restitution Fund Claimant shall expressly have and shall be deemed to have fully, finally and forever settle settled and release the released any and all Restitution Fund Claimant Released Claims, known or unknown, suspected or unsuspected, contingent or noncontingent, whether or not concealed or hidden, that now exist or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including but conduct that is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence or such different or additional facts. The Restitution Fund Claimant hereby acknowledges that the foregoing waiver was separately bargained for and is a key element of the settlement of which the release is a part. The Restitution Fund Claimant hereby agrees not limited to directly or indirectly assert any Unknown Claims they may haveclaim, as that term is defined in this Paragraphor commence, continue, institute or cause to be commenced any claim or proceeding, based upon any matter purported to be released hereby.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in were related to the Action Security Incident and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, PlaintiffsPlaintiff, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR PLAINTIFFS DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEFENDANT. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Settlement Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph. The Parties acknowledge, and Settlement Class Members shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Any and all Released Claims include against the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Released Parties which Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect exist in his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon favor as of the Effective Date, Plaintiffsand the Settling Defendant’s Claims against Releasing Parties which Released Parties do not know or suspect to exist in his, her, or its favor as of the Effective Date, which if known by the Releasing Parties or Released Parties might have affected his, her, or its decision(s) with respect to the settlement. With respect to any and all Released Claims and Settling Defendant’s Claims, the Settlement ClassParties stipulate and agree that by operation of the Final Judgment and Order of Dismissal, upon the Effective Date, Releasing Parties and Released Parties shall have expressly waived, and any Releasing Party each Lender Class Member shall be deemed to havehave waived, and by operation of the Final Judgment and Order of Dismissal shall have, have expressly waived and relinquished, to the fullest extent permitted by lawwaived, the provisions, rights, rights and benefits of Section 1542 of the California Civil CodeCode § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia state or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable comparable, or equivalent to Section 1542 of the California Civil CodeCode § 1542. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they and Released Parties may hereafter discover facts in addition to other than or different from those that which they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims and Settling Defendant’s Claims. Nevertheless, but that it is their intention to finally Class Plaintiffs and the Released Parties shall expressly, fully, finally, and forever settle and release release, and each Lender Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have, fully, finally, and forever settled and released, any and all Released Claims and Settling Defendant’s Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Lender Plaintiffs and the Released Parties acknowledge, and Lender Class Members shall be deemed to have acknowledged, that the inclusion of “Unknown Claims, including but not limited to any Unknown ” in the definition of Released Claims they may have, as that term is defined in this Paragraphand Settling Defendant’s Claims was separately bargained for and was a key element of the Agreement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action Actions and that Plaintiffs, any member of the Settlement Class or any claims Releasing Party, Parties do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party Parties shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH RELEASE AND THAT IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties Party shall be deemed to have, and shall have, waived any and all provisions, rights rights, and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the The Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the ReleaseReleased Claims or relation of the Released Parties thereto, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphparagraph. The Parties acknowledge, and the Released Parties shall be deemed by operation of the Agreement to have acknowledged, that the foregoing waiver is a material term of the Agreement.

Unknown Claims. The Released Claims include Parties acknowledge that they may have sustained or acquired against each other claims, demands, losses, accounts, reckonings, debts, liabilities, indemnities, obligations, actions, causes of action, settlement costs, attorneys fees, court costs and expenses of a presently unknown and unforeseen nature which arise from or relate to the release of Unknown Claims. matters released hereby (“Unknown Claims” means claims ”). The Parties acknowledge that could have been raised in the Action connection with this Agreement, release of claims, and that Plaintiffsdismissal they shall knowingly and expressly waive Unknown Claims related thereto, any member including their rights and benefits under Section 1542 of the Settlement Class California Civil Code or under any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released similar provision of law. The Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits acknowledge that they are aware of Section 1542 of the California Civil Code, which provides as followsstates that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective DateThe Parties, and each of them, waive the Releasing applicability of Section 1542 to the releases contained herein. The Parties shall be deemed similarly waive with respect to have, the releases contained herein and shall have, waived any and all provisions, rights and benefits conferred by any statute, regulation or principle of common law of any state, the District of Columbia or territory civil law of the United States, by federal lawof any state, commonwealth, territory or other jurisdiction thereof, or principle of common law, or the law of any foreign country or other foreign jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, This Agreement contains releases that are full and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter complete releases of the Releasematters released herein, but that it is their intention to finally and forever settle and release the Released Claimsregardless of whether those matters are presently known or unknown, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraphforeseen or unforeseen.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action and that PlaintiffsPlaintiff, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the Settlement. Upon the Effective Date, PlaintiffsPlaintiff, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class RepresentativesRepresentative, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include It is the intention of the Parties to this Agreement that this Agreement shall be effective as a full mutual general release of Unknown Claims. “Unknown Claims” means each and every released matter set forth above pertaining to any and all actions, disputes and claims that which exist between the Plaintiffs, Defendants and SCII at the time of executing this Agreement, including without limitation all claims which were and/or could have been raised by the Plaintiffs and Defendants against one another in the Action Actions. Familiarity with Section 1542 . In furtherance of this intention, the Parties acknowledge that they are familiar with and that Plaintiffs, any member understand Section 1542 of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her or it, might affect his, her or its agreement to release Civil Code of the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to the SettlementState of California. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASEgeneral release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” Waiver of Section 1542. Upon The Plaintiffs, Defendants and SCII expressly waive and relinquish every claim, right and/or benefit which they may have subject to California Civil Code § 1542. to the Effective Datefullest extent that the Plaintiffs, each of the Releasing Parties shall be deemed to haveDefendants and SCII may lawfully waive such claim, right and/or benefit. In connection with such waiver and shall have, waived any and all provisions, rights and benefits conferred by any law of any staterelinquishment, the District of Columbia or territory of the United StatesPlaintiffs, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, Defendants and the Releasing Parties SCII acknowledge that they are each aware that she/he/it may hereafter discover facts in addition to or and/or different from those that they now know or believe which are known and/or believed to be true with respect to the subject matter of the Releasethis Agreement, but and that it is their the intention of the Plaintiffs, Defendants and SCII hereby to fully, finally and forever settle and release all matters, disputes, differences, known and/or unknown, suspected and/or unsuspected, which may now exist and/or heretofore have existed by and among the Released ClaimsParties The release given herein shall be and remain in effect as a full and complete release, including but not limited to notwithstanding the discovery and/or existence of any Unknown Claims they may havesuch additional and/or different facts, as except only that term is defined the release in this Paragraphparagraph shall not apply to the enforcement of rights and obligations of each of the Parties under and pursuant to the terms of this Settlement Agreement.

Unknown Claims. The Released Claims include releases provided for in this Agreement extend to claims based on the release of Unknown Claims. “Unknown Claims” means claims that could have been raised facts alleged in the Action and California Class Action, Class Proof of Claim, Class Priority Claim, PAGA Proof of Claim, and/or Adversary Proceeding, that Plaintiffs, any member the Class Representatives, the Settlement Class, or members of the Settlement Class or any Releasing Party, (including the Priority Subclass and Unsecured Subclass) do not know or suspect to existexist at the time of the release, which, which if known by him, her or itknown, might affect his, her or its agreement to release have affected the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object to enter into the Settlementrelease (“Unknown Claims”). Upon In releasing the Effective DateUnknown Claims, Plaintiffs, the Class Representatives and the Settlement Class, Class (including the Priority Subclass and any Releasing Party Unsecured Subclass) expressly waive (and each Settlement Class member by operation of law shall be deemed to havewaive) any and all protections, provisions, rights and shall havebenefits conferred by any law of the United States or any state or territory of the United States, expressly waived and relinquished, to the fullest extent permitted by or principle of common law, the provisionswhich governs or limits a person’s release of Unknown Claims, rights, and benefits of including Section 1542 of the California Civil Code, which provides as follows. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, The Parties acknowledge and understand (and each Settlement Class member by operation of the Releasing Parties law shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law acknowledge) the significance of these waivers of California Civil Code Section 1542 and/or of any stateother applicable law relating to limitations on releases of Unknown Claims. In connection with such waivers and relinquishment, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge (and each Settlement Class member by operation of law shall be deemed to acknowledge) that they are aware that they may hereafter discover facts in addition to to, or different from from, those that facts which they now know or believe to be true with respect to the subject matter of the ReleaseAgreement, but that it is their intention to they release fully, finally and forever settle and release the Released all Unknown Claims, including but not limited and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all Settlement Class members by operation of law shall be deemed to any acknowledge) that the release of Unknown Claims they may have, as that term is defined in this Paragraphset forth herein was separately bargained for and was key element of the settlement.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims that could have been raised in the Action related to the Data Incident and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect to exist, which, if known by him, her her, or it, might affect his, her her, or its agreement to release the Released Parties or the Released Claims or might affect his, her her, or its decision to agree, object object, or not to object to the Settlement. Upon the Effective Date, Plaintiffs, the Settlement Class, and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Class Representatives, the Settlement Class, and the Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.

Unknown Claims. The Released Claims include the release of Unknown Claims. “Unknown Claims” means claims any and all Released Claims that could have been raised in the Action and that Plaintiffs, any member of the Settlement Class or any Releasing Party, do does not know or suspect to exist, exist in his or her favor as of the Effective Date and which, if known by him, her him or ither, might affect his, have affected his or her or its agreement to release the Released Parties or the Released Claims or might affect his, her or its decision to agree, object or not to object decision(s) with respect to the Settlement. Upon With respect to any and all Released Claims, the Parties stipulate and agree that upon the Effective Date, Plaintiffs, the all Settlement Class, Class members shall have waived any and any Releasing Party shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the all provisions, rights, and benefits conferred by any law of Section 1542 any state or territory of the California Civil CodeUnited States, the District of Columbia, or principle of common law or otherwise, which is similar, comparable, or equivalent to Cal. Civ. Code § 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MUST HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY. Named plaintiffs and Class Counsel acknowledge, and each Settlement Class member by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims was separately bargained for and was a key element of the Settlement Agreement. Upon the Effective Date, each of the Releasing Parties Settlement Class Representatives and Participating Settlement Class Members, and each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state, the District of Columbia or territory of the United States, by federal law, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. The Settlement Class Representatives, the Representatives and Participating Settlement ClassClass Members, and the Releasing Parties each of their respective heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of the Release, but that it is their intention to finally and forever settle and release the Released Claims, including but not limited to any Unknown Claims they may have, as that term is defined in this Paragraph.